Gun Grabbers: 3rd Circuit Court Not Sure If 2nd Amendment Applies Outside of Home

August 6, 2013 12:43 pmViews: 2067

The 2nd Amendment is my gun permit

It is a sad testimony that we even have to debate much of what liberals are questioning when it comes to the 2nd Amendment. There is no better example than the crime ridden home town of our current President in Chicago to prove that gun control simply doesn't work. Yet even with the sobering reality of continued criminal mayhem in Chicago, liberals are not convinced that gun control won't work somewhere.

New Jersey is one such experiment where liberals have tried to reduce concealed carry permits to the level of not being effective where an applicant must prove a compelling need to carry a firearm before such a permit can be issued. Citizens of New Jersey have taken a lower court ruling to the 3rd Circuit Court to get a previous decision overturned that upheld a New Jersey law stating a "justifiable need" before the issuance of a handgun carry permit.

Unfortunately the 3rd Circuit Court upheld the lower court decision saying that, "it remains unsettled whether the individual right to bear arms for the purpose of self-defense extends beyond the home." So, get that, the 2nd Amendment which clearly states, "the right of the people to keep and bear Arms, shall not be infringed" is now being infringed by a court that is supposed to be upholding the Constitution, not a horribly flawed lower court decision.

Mind you, it is no easy task to get a concealed carry permit. You need to take an NRA certified gun safety course which costs $70 or more. You must be fingerprinted at a cost of some $25 to $50. You much have an extensive background check run which is added into the cost of your permit running some $75 or more and then you must wait 3 to 6 months before receiving your permit. Liberals would like to give you the impression that just about anyone can obtain a concealed carry permit and you can get them in bulk from your 7-11 or some vending machine, but that simply is not the case.

Even with those burdensome restrictions to obtain such a permit, the state of new Jersey still thinks you need a "justifiable need" to carry a gun and liberal judges of our court system, sworn to uphold the 2nd Amendment have unconstitutionally ruled on the side of gun grabbers once again.

If you foolishly think gun grabbers will be holding up signs and will all of a sudden declare guns illegal, you are probably asleep at the wheel. Everything is done in a piecemeal fashion such as this so those lulled into complacency won't notice they no longer have any rights.

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In a case over New Jersey’s requirement that a citizen demonstrate “justifiable need” for a carrying a firearm before receiving a concealed carry license, the U.S. Court of Appeals for the Third Circuit ruled that such a requirement “does not burden conduct within the scope of the Second Amendment’s guarantee.” The court also said “it remains unsettled” whether the Second Amendment is even applicable outside one’s home.

Filed on July 31, 2013, the ruling in Drake v. Filko upheld New Jersey’s practice of placing the burden of proof upon the citizen. In other words, the citizen who wants to carry a gun for self-defense must demonstrate why doing so is necessary for him or her. In simple terms, the citizen must justify being free.

That runs contrary to previous rulings in other circuits, such as on March 6, 2012 when U.S. District Judge Benson Everett Legg ruled against Maryland's requirement that citizens who wanted a concealed carry permit had to demonstrate a "good and substantial reason" for getting one. Overturning this New Jersey-like requirement, Legg ruled: "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights. The right's existence is all the reason he needs."

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